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Climate change impacts to be assessed as part of the environmental authorisation process

Project developers and financiers should scrutinise existing projects that are in pre-environmental authorisation stage, and all future projects, to determine what issues need to be assessed prior to applying for authorisation. The 8 march 2017 judgment in Earthlife Africa Johannesburg v The Minister of Environmental Affairs and others is South Africa’s first judgment relating to climate … Continue reading

Passing of risk in sale (express term)

The plaintiffs sued the defendant for the purchase price of a buffalo which died during an operation to test it for diseases as part of the sale. It was found that a sale agreement had been concluded in which the defendant expressly agreed to assume the risk of death or injury to the buffalo arising … Continue reading

The once-and-for-all rule for delictual damages

A person who claims for damages sustained as a result of injuries negligently caused by someone else has a single, indivisible cause of action and must sue for all damages in one claim. This proposition was reasserted in the context of a prescription allegation regarding a Road Accident Fund Act claim. The RAF Act only … Continue reading

Top blogs you may have missed – March 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. Did you know that deregistered corporations come back to life retrospectively on reinstatement? Read what our Australian colleagues have to say about crowdfunding litigation and its potential impact on class actions. … Continue reading

Deregistered corporation comes back to life retrospectively on reinstatement

A corporation which is deregistered under the Companies Act 2008 is automatically and retrospectively re-vested with its rights when it is reinstated (under section 82(4)). In ZNK Investments CC v Luckytso Transport and Construction CC, a sale in execution of a deregistered close corporation had taken place whilst it was deregistered. It was held that the … Continue reading

Review of pension fund trustee decisions

The role of a board of trustees is inextricably linked to the exercise of discretion. The ability to review a decision is rarely considered by a board until a situation arises where a decision they have passed is challenged. The objects and duties of a trustee of a pension fund are contained in sections 7C … Continue reading

Interdicting future publication of defamation

If an interdict is sought preventing the future publication of alleged defamatory matter, the facts upon which the allegation is based must be clear and it must be clear that the defendant has no defence. If the defendant sets up evidence of a defence such as truth and public interest or fair comment, the interdict … Continue reading

Top blogs you may have missed – February 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. Our tax team analysed the 2017 budget. Check out our insight into the corporate tax proposals. Here is just one of the updates on the UK government’s Brexit white paper. Follow … Continue reading

Information Regulator – more than a POPI regulator

In her latest briefing session on 13 February 2017, advocate Pansy Tlakula, Chairperson of the Information Regulator, elaborated on the work that the office of the Information Regulator will be focused on and the progress they have made thus far, namely: Commencement date The Department of Justice informed the members of the Information Regulator that … Continue reading

Medicines Control Council, not the courts, must classify medicines and medical devices

In December 2016 the Pretoria High Court ruled that one cannot avoid regulatory oversight by the Medicines Control Council (MCC) by declaring that a health-related product is a medical device and not a medicine. That is a determination which the MCC must make. In Omegalabs (Pty) Ltd v The Medicines Control Council and Others, the … Continue reading

Top blogs you may have missed – January 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. Will South Africa get reciprocal reinsurance arrangements? This insightful analysis raised the question: can the past be erased? on social media. Read these tips on how to protect your business from … Continue reading

Setting aside CCMA decision for unreasonableness

The Constitutional Court has reaffirmed that a decision reached by a commissioner in the CCMA can be set aside if it is one that a reasonable decision-maker could not reach. Applying this test gives effect not only to the constitutional right to fair labour practices, but also to the right to administrative action which is … Continue reading

Public participation in the legislative process

A law will be set aside if the lawmaker (Parliament or the National Council of Provinces) fails to satisfy its obligation to facilitate public involvement in the process of making law. In Land Access Movement of South Africa v Chairperson of the National Council of Provinces, Parliament passed a law amending the restitution of land … Continue reading

Fit and proper tooth whitening

Oral hygienists may perform tooth whitening procedures only if they have received adequate education and training on the procedure at an institution accredited by the Professional Board for Dental Therapy and Oral Hygiene (PBDOH). The Health Professions Council of South Africa (HPCSA) has confirmed the decision by the PBDOH that oral hygienists who have not … Continue reading

Section 61 CPA liability only attaches to a supplier-consumer relationship

A cyclist who suffered electrical burns after coming into contact with a low-hanging powerline had not entered into a transaction with Eskom, nor was he the beneficiary of the electricity supplied. There was no supplier-consumer relationship, as required for a product defect claim under s61(1)(b) of the Consumer Protection Act 2008. This was the finding … Continue reading

A liquidation application is not appropriate for disputed debts

In November 2016, the Supreme Court of Appeal reiterated that if a respondent in a liquidation application disputes the indebtedness on bona fide and reasonable grounds, the liquidation application should be refused. Liquidation proceedings are not designed for the enforcement of disputed debts. In the case of Freshvest Investments (Pty) Ltd v Marabeng (Pty) Ltd, … Continue reading

Information Regulator held its inaugural meeting on 1 December 2016

According to a media statement issued by the Chairperson of the Information Regulator, Advocate Pansy Tlakula, the Information Regulator’s office held its inaugural meeting on 1 December 2016 at Salu Building in Pretoria. During the meeting the following responsibilities were allocated to the full-time members: Adv Collen Weapond has been designated as the full-time member responsible … Continue reading
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